Earlier this week, the European Commission voted to formally approve the Privacy Shield—a set of principles agreed between the E.U. and the U.S. to enable certified U.S. companies to receive and process personal data from the...more
The EU Data Protection Directive 95/46/EC (the “Directive”) creates the legal framework for national data-protection laws in each EU Member State. The Directive states that personal data may only be transferred to countries...more
On April 13, 2016, the Article 29 Working Party (WP29), an influential group of European data protection authorities, issued a non-binding opinion that criticized certain elements of the fledgling Privacy Shield framework....more
On March 17, 2016, the Civil Liberties Committee convened to discuss whether the Privacy Shield framework that will replace Safe Harbor provides adequate protection to the data of EU citizens. A number of experts were...more
Background - The EU Data Protection Directive 95/46/EC (the “Directive”) creates the legal framework for national data-protection laws in each EU member state. The Directive states that personal data may only be...more
The U.S. and EU are one step closer to implementing the new EU-U.S. Privacy Shield. On March 1, 2016, the European Commission and U.S. Department of Commerce announced the release of the legal texts that will put in place...more
Passage of the Act facilitates two data-sharing agreements between the European Union and United States that will improve transatlantic business, privacy, and security. On February 24, the Judicial Redress Act of 2015...more
The Judicial Redress Act (Act), signed into law on February 24, 2016, by President Obama, extends the privacy protections offered to U.S. citizens under the Privacy Act of 1974 to citizens of ''covered countries'' overseas....more
The U.S. and E.U. are one step closer to entering into a new data transfer agreement. On February 24, 2016, President Barack Obama signed into legislation the Judicial Redress Act, giving citizens of certain allied countries,...more
On February 2, 2016, the European Commission (EC) and the U.S. Department of Commerce (Commerce) announced that they had reached agreement on a new data transfer safe harbor arrangement for the transfer of personal data from...more
The US Senate passed the amended version of the Judicial Redress Act on February 9. The amendments, which tie the Umbrella Agreement to Safe Harbor 2.0 (now dubbed the US-EU “Privacy Shield”), now go back to the House for...more
The pending legislation would authorize the US Department of Justice to designate foreign countries to allow the citizens of such countries to bring civil actions against certain US agencies to access, amend, or redress...more
On February 2, 2016, the European Commission announced that EU and US officials had reached an agreement to implement a program known as the EU-US Privacy Shield. Privacy Shield is designed to be the successor to the Safe...more
Companies anxiously watching their calendars to see if a new Safe Harbor program will be introduced before the end of January may get their wish: on January 28, 2016, a European Commission official announced that the...more
Some interesting links we found across the web this week: - Last-minute change to privacy bill adds tension to US-EU negotiations - Privacy law is easy for companies to overlook until a problem arises, and even more so...more
One of the fascinating aspects of the privacy-related negotiations between the EU and the US over the past couple of years has been the EU’s efforts to decouple trade (e.g, TTIP) and security-related negotiations from the...more
The proposed Judicial Redress Act has recently been touted as a critical step towards developing a revised “Safe Harbor 2.0? framework. (See our prior posts on Safe Harborhere and here.) This post summarizes the essential...more
It is the beginning of 2016, and American companies are anxiously awaiting news of whether or not a new “Safe Harbor 2.0” will emerge. In October of 2015, the European Court of Justice declared invalid Safe Harbor 1.0 in the...more
Fantasy Sports Has a New Teammate: Nevada Gaming Commission - Nevada's Gaming Control Board announced that fantasy sports will be regulated like other forms of gambling, and ordered operators to halt operation in the...more
The European Union announced on October 26, 2015, that it had reached an agreement “in principle” with the United States on a new transatlantic data-sharing pact—though a final agreement between the parties is likely still...more
On October 20, the U.S. House of Representatives passed the Judicial Redress Act (the “Act”) to allow European Union residents to challenge certain privacy violations by the U.S. government in U.S. courts. If passed by the...more
On Monday, October 26, European Union Justice Commissioner Vera Jourová delivered a speech before the European Parliament in which she noted that the European Union and the United States had agreed “in principle” on a new...more
Following a September 23, 2015 opinion by Advocate General (AG) Bot that the US-EU Safe Harbor framework, which provided for the "safe" transfer of personal data from the EU to the US, did not provide sufficient guarantees...more
The Judicial Redress Act of 2015 (H.R. 1428) (Judicial Redress Act) is on its way to the U.S. Senate. On October 20th, the U.S. House of Representatives voted in favor of passage. The Judicial Redress Act extends...more
A lot has happened since the European Court of Justice’s declaration that the EU-US safe harbor framework is invalid. First, the Article 29 Working Party, an organization comprised of representatives from each data...more